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HomeMy WebLinkAbout1991 05 15 CC MIN1991 05 15 CC MINòw @˜w›CC MIN MAY 15 1991à›[H2‹8 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC AVE, WEDNESDAY, MAY 15, 1991 AT 7:00 P.M. The City Council of the City of Baldwin Park met in regular session in the Council Chambers at 7:00 p.m. ROLL CALL: PRESENT: COUNCILMEMBERS GALLEGOS, IZELL, ROLL CALL KEYSER, MCNEILL AND MAYOR LOWES ALSO PRESENT: City Manager Penman, City Attorney Bower, Acting Dir. of Administrative Services Cole, Police Chief Lanza, Dir. of Human Serv. Lucas, City Planner Onaga, City Treasurer Montenegro, Deputy City clerk Branek, City Clerk Gair 00- ORAL COMMUNICATIONS Mayor Lowes declared Oral Communications open and ORAL COMMU invited those wishing to speak on any subject to come NICATIONS forward. Roy Test, 15115 Kenoak Dr., referred to the late charge TEST on Websters refuse billing, the amount of the late charge and that the bill is due before the services have been rendered. City Manager Penman stated that a letter had been sent PENMAN to Websters Refuse pointing out the error in the late charge and the date that a bill becomes delinquent. Raul Martinez, 14465 Cavette, expressed his MARTINEZ appreciation for the police department's open house, the excitement of his son posing with Chief Lanza for a picture and the positive attitude of the officers. Kathy Castenada, WINGS, Box 1464, West Covina, commented CASTENADA that WINGS respectfully declined any funding from CDBG funding that had been granted by Council at the previous Council meeting and stated the reasons why. There being no other speakers, Mayor Lowes declared Oral CLOSED Communications closed. 00- City Clerk Gair presented the Consent Calendar: CONSENT CALENDAR 1. Approval of Certificate of Posting for May 15, 1991 2. Approve Minutes of May 1, 1991 3. Waive Further Reading and Adopt RESOLUTION NO. 91-23 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Receive and File Treasurer's Report April 30, 1991 5. Approve Agreement USDA Summer Lunch Program 6. Receive and File the Comprehensive Annual Financial Report for Fiscal Year 1990- CAFR BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 15-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3766-U03 DO3769-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 05-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3769-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 05 15 CC MINòw @˜w›CC MIN MAY 15 1991à›[H2‹8 REGULAR MEETING OF THE CITY COUNCIL KAY 15, 1991 OF THE CITY OF BALDWIN PARK PAGE TWO 7. Approve General Services Agreement Los Angeles County 8. Waive Further Reading and Adopt RESOLUTION NO. 91-24 APPROVING RENEWAL OF A SIXTH YEAR APPLICATION FOR GRANT FUNDS FOR THE CITY OF BALDWIN PARK GANG VIOLENCE SUPPRESSION UNIT AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS 9. Waive Further Reading and Adopt ORDINANCE NO. 1047 SUPPORTING THE IMPOSITION Second Reading) OF ADDITIONAL VEHICLE REGISTRATION FEES TO BE USED TO REDUCE MOBILE SOURCE AIR POLLUTION AND ESTABLISHING A TRUST ACCOUNT FOR THE DEPOSIT OF SUCH FEES BY THE CITY AS RECEIVED FROM THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 10. Waive Further Reading and Adopt ORDINANCE NO. 1048 AMENDING THE MUNICIPAL Second Reading) CODE RELATING TO SALES AND STORAGE REQUIREMENTS OF AEROSOL SPRAY PAINT AND DYE CONTAINERS BY ANY BUSINESS OR ESTABLISHMENT OFFERING SAID CONTAINERS FOR SALE TO THE PUBLIC 11. Waive Further Reading and Adopt RESOLUTION NO. 91-25 AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR THE PURPOSE OF OBTAINING 17TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT At the request of Mayor Lowes Items No. 6 & 11 of the ITEMS NO. Consent Calendar was removed for separate consideration. 6 & 11 REMOVED It was moved and seconded to approve Items No. 1-5 and CONSENT 7-10 of the Consent Calendar. K/S/C: MCNEILL/IZELL. CALENDAR There were no objections. APPROVED City Manager Penman stated that the report for Item No. ITEM NO.6 6, the Comprehensive Annual CONT'D Financial Report for CONT'D Fiscal Year 1990 CAFR, was received late, and will be JUNE 5TH held over and presented on June 5th. City Manager Penman suggested that Item No.11, relating ITEM to the allocation of funding to WINGS be replaced into NO. 11 the Contingency Account and approve the submittal of the application for the 17th Year Community Development Block Grant with modification. It was moved and seconded to approve Item No. 11, ITEM as stated and submittal of the application for the 17th NO. 11 Year Community Development Block Grant with the WINGS APPROVED funding reprogramed into Contingency. K/S/C: GALLEGOS/IZELL. There were no objections. BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 15-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3766-U03 DO3769-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 05-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3769-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 05 15 CC MINòw @˜w›CC MIN MAY 15 1991à›[H2‹8 REGULAR MEETING OF THE CITY COUNCIL MAY 15, 1991 OF THE CITY OF BALDWIN PARK PAGE THREE 00- REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES Administrative Assistant Nunez requested approval to do RAIL an environmental study for the Baldwin Park Rail Station STATION Project. He stated that a preliminary environmental assessment of the rail station site had been prepared by Myra L. Frank and Associates and an environmental consultant has been hired by the LACTC. The assessment indicates the City could be exempt from California Environmental Quality Act CEQA) requirements, but if an assessment was done, a mitigated negative declaration is recommended. The Planning Department could prepare the preliminary mitigated negative declaration with information from noise and traffic consultants. The staff time and consultant cost for the project is Prop. A eligible and Staff has filed applications for grants from various agencies for the project. Staff recommended proceeding with the mitigated negative declaration. City Manager Penman stated that the environmental DISCUSSION information with the noise and traffic analysis is required before Council makes a final decision regarding the rail station. The City may qualify for a categorical exemption which is a judgement the City would have to make but the project could be challenged if the exemption is taken. Council discussed the possibility of the rail station being built by LACTC, the burden of the environmental assessment placed on the City, the distance between each rail station and the eligibility of Prop A funds for the project. City Attorney Bower explained that the County would be exempt from the local zoning laws but subject to state law which requires compliance with CEQA and that a mitigated negative declaration enhances the chances of winning a lawsuit. If Council decides on an exemption, the City can file a notice of Exemption which starts a thirty-five day statute of limitation, same with the negative declaration, there is a Notice of Determination filed and a statute of limitation of thirty days. If the environmental assessment points out there are going to be impacts that are not mitigable then the City would have to do an EIR. City Planner Onaga explained that the exemption is statutory rather than categorical, the court decision regarding the rail lines for the Napa valley Wine Train, and the input needed to mitigate the negative declaration. In response to Mayor Lowes, City Manager Penman stated that the County Transportation Commission has right-of- * way on Southern Pacific tracks, has acquired the adjacent property, the preference to each station being located approximately five miles apart and that there is no guarantee that the station will be built in the City. Mayor Lowes stated that a fast rail is coming through Baldwin Park and the rails will be repaired beginning in August. The citizens deserve a station and the City needs to know the impact of noise and traffic. It was moved and seconded to approved the rail station STATION in concept. MIS/C: IZELL/MCNEILL. There were no CONCEPT objections. APPROVED BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 15-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3766-U03 DO3769-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 05-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3769-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 05 15 CC MINòw @˜w›CC MIN MAY 15 1991à›[H2‹8 REGULAR MEETING OF THE CITY COUNCIL MAY 15, 1991 OF THE CITY OF BALDWIN PARK PAGE FOUR It was moved and seconded to proceed with the ENVIRONMEN environmental assessment of the site and authorize TAL ASSESS expenditures not to exceed $16,000. M/S/C: MENT GALLEGOS/IZELL. There were no objections. APPROVED Acting City Engineer Rodriguez requested that Council ENGINEER'S adopt the resolution approving the Engineer's Report for REPORT fiscal year 1991-92 declaring its intention to provide LIGHTING & for the annual levy and collection of assessments in LANDSCAPE connection with the Maintenance District and setting a MAINTEN- time and place for a public hearing. He stated that ANCE staff recommends approval of the addition of traffic signal operations and maintenance costs to the District, which will relieve the City's general fund budget shortfall by $155,000. Previously the costs of lighting and landscape maintenance exceeded the revenue and was covered by the general fund subsidies. He quoted the rates per frontage foot and quoted an average cost per dwelling unit. Staff recommended 1). Adopting the Resolution approving the Engineer's Report for certain landscaping and lighting maintenance Districts. 2). Adopt the Resolution declaring the City Council's intention to provide for annual levy and collection of assessments for certain landscaping and lighting in an existing Maintenance District, pursuant to the Provisions of Division 15, Part 2, of the Streets and Highways Code of the State of California and setting a public hearing for June 5, 1991. City Manager Penman suggested that cuts be made of $55,000 in the landscaping portion of the budget, that would reduce to $100,000 the increase from the traffic signal and traffic energy cost. The reduction would include one staff position and $17,000 of miscellaneous expenses in the landscape district. The landscape district should absorb the $55,000 in cuts and proceed with the addition of $155,000 in the lighting so the net change would be $100,000. He recommended that Council direct the Engineer to respread the costs including the traffic signal maintenance and energy costs, to implement $55,000 in reduction to the landscape assessment and that it be included in the Engineer's Report for the public hearing for the first meeting in June. Councilman Gallegos questioned the service to the DISCUSSION community with the cuts suggested and the feasibility of doing both, maintaining the assessment increase and making the cuts, which would save $210,000. City Manager Penman explained that in the Landscape and Lighting District Act, a City can not accumulate a surplus, the monies collected may include overhead expenditures, which have been budgeted, but all expenditures must be related to the district. It was moved and seconded to adopt Resolution No. 91- RESOLUTION 26, APPROVING THE ENGINEER'S REPORT FOR CERTAIN NO.91-26 LANDSCAPING AND LIGHTING MAINTENANCE IN A MAINTENANCE ADOPTED DISTRICT WITHIN THE CITY OF BALDWIN PARK," with WITH direction to the Engineer to redirect the costs and DIRECTION implement a $55,000 reduction. H/S/C: GALLEGOS/IZELL. There were no objections. It was moved and seconded to adopt Resolution No. 91- RESOLUTION 27, DECLARING ITS INTENTION TO PROVIDE FOR ANNUAL LEVY NO.91-27 AND COLLECTION OF ASSESSMENTS FOR CERTAIN LANDSCAPING ADOPTED AND LIGHTING IN AN EXISTING MAINTENANCE DISTRICT, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON." H/S/C: GALLEGOS/IZELL. There were no objections. BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 15-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3766-U03 DO3769-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 05-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3769-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 05 15 CC MINòw @˜w›CC MIN MAY 15 1991à›[H2‹8 REGULAR MEETING OF THE CITY COUNCIL MAY 15, 1991 OF THE CITY OF BALDWIN PARK PAGE FIVE 00- COUNCIL/STAFF REQUESTS AND COMMUNICATIONS City Clerk Gair stated that the gymnasium at Sierra PUBLIC Vista High School has been reserved for the June 12th HEARING public hearing on the card club and it is being JUNE 12 advertised in the Tribune, the Bulletin and the Chamber Sn's of Commerce bulletin. GYM City Manager Penman asked Council to establish a process CHAMBER on the negotiation of the City Chamber agreement. AGREEMENT Mayor Lowes asked City Manager and Staff to keep the BE PART OF costs of Be Part of Baldwin Park down so that the event BALDWIN can break even and not cost the City extra money. PARK Council concurred. 00- The regular meeting of the City Council was recessed at RECESSED 8:00 p.m. 8:00 P.M. The regular meeting of the City Council reconvened at RECONVENED 8:04 p.m. Roll call remained the same. 8:04 P.M. City Manager Penman suggested Monday, May 20th, at 10:00 BUDGET a.m. for a joint Study Session of the budget for City MEETING and Redevelopment Agency. MAY 20TH 00- CLOSED SESSION The city Council was adjourned to a Joint Closed Session JOINT with the Redevelopment Agency at 8:04 p.m. to consider CLOSED pending litigation authorized by Government Code Section SESSION 54956.9(a), Baldwin Park Business Development Corporation vs Dominguez, and direction to staff regarding potentional property acquisition at 14205 E. Garvey Avenue, pursuant to Government Code Section 54956.8. The regular meeting of the city Council was reconvened RECONVENED at 8:25 p.m. Roll call remained the same. 8:25 P.M. 00- The regular meeting of the City Council was adjourned at MEETING 8:25 P.M.to an adjourned regular meeting on Monday, May ADJOURNED 20th at 10:00 a.m. BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 15-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3766-U03 DO3769-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 05-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3769-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05